LexisNexis Worker's Compensation Law Center Weekly eNewsletter
Vol 1, Issue 2
February 3, 2010
The "Gory Story"
How a Medicare Lien Went Wrong
In This Issue
* BLOGS: Fraud; Bizarre Cases
* NEWS: SCIF's Interim President; Coventry Shake Up
A Note From the Editor

Robin Kobayashi

Dear Community Members:
Thanks for all the encouraging feedback on the new format for our eNewsletter.
Please forward this free eNewsletter to your colleagues and ask them to contact me to be added to the list. Together we can keep this free eNewsletter alive!

Robin E. Kobayashi, J.D.

Workers' Comp Lead Editor

New 2010 Edition on Sale

P1432 book cover

Robert G. Rassp analyzes Almaraz/Guzman II and provides a step-by-step Ogilvie formula

California Top Cases
California Top Cases (updated 2/1/2010), powered by California Compensation Cases.
Fireman's Fund v. WCAB (Allen) (CIGA; stipulations)
Bazzini v. Technicolor, Inc. (exclusive remedy rule; fraudulent concealment exception)
Popular Blog Posts
The Dreaded Rule 30 (viewed 1,101 times)
Top 10 FAQs re the OCR Forms (EAMS) (viewed 559 times)
Quick Links

Top 25 Blogs for 2009


Robert RasspHow a Medicare Lien Went Wrong. Robert G. Rassp, Esq., analyzes the recent panel decision, Gory v. U.S. Food Service, Inc., where a misunderstanding of how federal law applies in workers' compensation cases for anyone who has access to medical treatment under the Medicare program can lead to severe financial consequences for the injured worker. Read it

recent panel decisions - sneak preview
Check out these recent panel decisions that we're considering for the LexisNexis database:

WCAB Jurisdiction; Contempt Proceedings--WCAB rescinded WCJ's order that defense counsel and claims adjuster were in contempt of court based upon adjuster's testimony at trial that she did not pay applicant's claim for transportation expenses pursuant to earlier Findings and Award because she was told by defense counsel not to do so; WCJ was not authorized to adjudicate allegations of "indirect contempt" as alleged here, but must direct such allegations to WCAB for determination. See Derboghossian v. All Tune & Lube (free download)

Medical-Legal Procedure; PQMEs--Reports of applicant's treating physician, although inconsistent with panel qualified medical evaluator's opinion, constituted substantial evidence to support finding that applicant's injury caused temporary total disability, and that opinion of PQME was entitled to no more weight than that of treating physician in determining liability, notwithstanding mandatory dispute resolution process. See Cruz v. Petaluma Poultry Processors (free download)

Average Weekly Wage Determination; Self-Employment--WCJ erred in calculating applicant's temporary disability indemnity rate based upon applicant's gross income, without consideration of expenses, and held, instead, that applicant's average weekly self-employment earnings for purposes of determining temporary disability rate must reflect applicant's net, rather than gross, income. See Mack v. Atlas Van Lines (free download)

blog roundup
Fraud Sign

Workers' Comp Fraud Blotter 1/29/2010 - recent arrest, charges, convictions, investigations. A Fontana man was charged with making misrepresentations to his doctors and while testifying at his deposition in his effort to secure workers' comp benefits. Eleven search warrants issued in Fresno and Clovis. Temp agency ordered to pay $20 million in restitution. Read more 


Larson SpotlightThe Top 10 Bizarre Workers' Comp Cases for 2009. The Larson's Workers' Compensation Law editors have announced their selections for the Top 10 Bizarre Cases for 2009, including a case where workers' comp benefits were allowed for a chivalrous act at a vending machine. Read more

workerscompensation.com2nd Down And I Still Can't Get Up! Tony Graffeo at WorkersCompensation.com, in anticipation of Super Bowl XLIV, surveys workers' comp professional football cases. Read more

How to cite blogs.  Read it

news roundup

> Cal Chamber Reminds Employers to Post Job-Related Injuries Log by 2/1/2010 

P2548 CA WC HotDocs
Order the Forms
AMA Guides Resource Center
Updated 1/23/2010
2009 WC Notable People
View the Honorees
P1550 Calif. E-Discovery book cover
Order Today
judges in the news
  • Judge Keigo Obata of the Fresno District Office has retired
  • Richard R. Neilson is a new Workers' Compensation Judge in the Fresno District Office
  • announcing...lexis for microsoft office
    LexisNexis announced a partnership with Microsoft to put legal research right at your fingertips, in the applications many of us use most. 
    Anyone can purchase a research package to access our expert commentary articles.

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    Need help selecting a package or rate? Contact Robin.E.Kobayashi@lexisnexis.com.

    Click here to purchase the Workers' Compensation Research Package This workers' comp package is designed specifically for our community members

    Click here to see a list of articles in our workers' compensation database This list is arranged by topic to help you quickly locate articles

    Dollar Sign Blue Steven D. Feinberg, MD, on Medications and Chronic Pain. Read excerpt here before purchasing

    Dollar Sign Blue Steven D. Feinberg, MD, on Almaraz-Guzman II WCAB Decision: Providing a WPI That Is the Most Accurate Reflection of the Impairment. Read excerpt before purchasing

    Dollar Sign Blue Robert G. Rassp on Ogilvie Formula for California Workers' Compensation Cases -
    A must read! Read excerpt before purchasing

    Dollar Sign Blue Thomas A. Robinson on 2009 State-by-State Survey of Key Workers' Compensation Legislative Changes (January -- November 1, 2009) Read excerpt before purchasing

    Dollar Sign Blue Steven D. Feinberg, MD on Complex Regional Pain Syndrome: Reflex Sympathetic Dystrophy & Causalgia - Read excerpt before purchasing

    Dollar Sign Blue Calif. Noteworthy Cases Interpreting the AMA Guides Fifth Edition - Read excerpt before purchasing 
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